Article 29. Grounds for the insurer's exemption from insurance payments The Law on Compulsory Insurance of Civil Liability of Vehicle Owners
1. The insurer has the right to refuse insurance payment in whole or in part if the insured event occurred as a result of:
1) intentional actions of the beneficiary aimed at the occurrence of an insured event or contributing to its occurrence, with the exception of actions committed in a state of necessary defense and extreme necessity;
2) actions of the beneficiary recognized as intentional criminal or administrative offenses related to the insured event in accordance with the procedure established by legislative acts of the Republic of Kazakhstan.
2. The following may also be the basis for the insurer's refusal to make an insurance payment::
1) the beneficiary receives appropriate compensation for the loss from the person responsible for causing the loss;
2) excluded by the Law of the Republic of Kazakhstan dated 12/30/2009 No. 234-IV (for the procedure of entry into force, see art. 2);
3) the use of a vehicle by the policyholder (insured) in competitions, trials or during driving training in places specially designated for this purpose;
4) causing damage during loading or unloading of the vehicle;
5) causing damage to the victim's property in the form of money, securities, gold, silverware, jewelry, jewelry, works of art or other valuables;
6) violation by the victim of the requirements of part three of paragraph 3 of Article 22, part two of paragraph 6 of Article 22-2 of this Law.
7) the documents and information on the simplified procedure for the settlement of an insured event do not comply with the requirements established by this Law and the regulatory legal act of the authorized body.
3. If there are grounds for refusal of insurance payment, the insurer is obliged, within seven working days from the date of receipt of the application and all documents provided for in paragraph 2 of Article 25 of this Law, to send to the applicant an appropriate decision on full or partial refusal of insurance payment in writing with a reasoned justification of the reasons for the refusal and notification of the policyholder's right (to apply to the financial Ombudsman for a pre-trial settlement of the dispute, taking into account the specifics of the legislation of the Republic of Kazakhstan.
4. Excluded by the Law of the Republic of Kazakhstan dated 12/30/2009 No. 234-IV (for the procedure of entry into force, see art. 2).
5. The insurer is exempt from making insurance payments if the insured event occurred as a result of:
1) exposure to nuclear explosion, radiation or radioactive contamination;
2) military operations;
3) civil war, popular unrest of all kinds, mass riots or strikes.
5-1. The insurance payment is not made for the damaged vehicle specified in the insurance policy.
6. The insurer shall not have the right to refuse insurance payment on grounds not provided for in this Article.
The Law of the Republic of Kazakhstan dated July 1, 2003 No. 446.
This Law regulates relations arising in the field of compulsory insurance of civil liability of vehicle owners, and establishes the legal, financial and organizational basis for its implementation.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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